Tag Archives for Elder Abuse Unit

Make sure abuse of the elderly is no longer a ‘dirty little secret’

Published in Pawtucket Times on October 5, 2015 

Last September, 86-year-old Martha Smith (not her real name) woke up in the middle of the night to a loud noises coming from the first floor of her East Bay apartment. When she went to investigate the commotion, she found her granddaughter in the kitchen. When Martha asked her granddaughter what was going on, the young woman started to verbally and physically abuse her. At one point, she even tried to suffocate Martha with a pillow.

Martha’s other granddaughter came to her aid, only to be assaulted as well. When the police arrived after Martha had tried to call 911, the phone had been ripped out of her hand by her abusive granddaughter, but they heard Martha’s screams of help coming from the house.

According to the Rhode Island Attorney General’s Office, the granddaughter was arrested and is now awaiting trial.

We grow up being taught to respect our elders. But, it seems these lessons are not learned or even followed. Martha’s abuse by her granddaughter is a sad tale, but it happens all too often to our nation’s elderly.

Elder Abuse Growing The National Committee for the Prevention of Elder Abuse defines domestic violence on elders as “an escalating pattern of violence or intimidation by an intimate partner, which is used to gain power and control.” And the perpetrator of the violence is not always a spouse, but more often than not it is a family member, as was the case with

Herb Weiss Martha Smith. Victims may be fearful to report the abuse to doctors or law enforcement for fear of the violence escalating, or because the victim relies on the abuser or their family for caregiving.

The National Center on Elder Abuse has reported that during calendar year 2010, there were nearly six million reported cases of elder abuse, representing nearly 10 percent of that year’s elderly population. The Center acknowledged that it really have a handle as to how many people are suffering from elder abuse and neglect, either because signs of abuse and neglect are missed by professionals working with older persons, or because of a reluctance on the part of the abused person to file a report.

America’s “dirty little secret” is getting worse by the graying of America’s population. The numbers are growing – the 2010 United States census recorded the greatest number and proportion of people 65 and older in its counting history: 40.3 million or 13 percent of the population.

Attacking Elder Abuse in R.I. In Rhode Island, cases of domestic violence against older people are handled by specially trained prosecutors and victim advocates at the Office of Attorney General. And, there are special laws on the books that provide for enhanced criminal penalties for assault of a person of 60 years of age.

“We have specialized prosecution units for those who commit domestic violence against older people,” said Attorney General Peter Kilmartin. “The dedicated prosecutors, victims advocates and support staff in our Domestic Violence and Sexual Assault Unit and Elder Abuse Unit deal with these cases each and every day, working to bring justice for victims while minimizing their emotional trauma. Our domestic violence and elder abuse prosecutors and victim advocates are all specially trained to handle the highly sensitive details of domestic violence cases, which are often extremely emotionally charged,” he notes.

In 2014, the General Assembly passed legislation that allows the release of patient records for investigation and prosecution of physical assault on an older person if a health care provider believes, after providing services to the elder patient, is or has been physically, psychologically or sexually abused.

“Due to the nature of elder abuse crimes, time is of the essence. The victims in these cases are often vulnerable and face a myriad of health challenges, thus making a timely investigation more critical to ensure the victim’s availability to participate in the investigation and prosecution” added Kilmartin. “Moreover, the perpetrator of elder abuse is most often known to the victim, making it less likely for the victim to report,” he says.

AARP Tackles Elder Abuse Across the United States “Abuse of older Americans, whether it be physical or financial, is unconscionable. That’s why AARP is fighting in states across the nation for new laws to crack down on abuse and financial exploitation and strengthen protections for victims so all Americans can live with dignity and independence as they age,” says AARP Executive Vice President Nancy LeaMond.

AARP national staff, state chapters and volunteers are in the trenches fighting against elder abuse and exploitation. According the nation’s largest aging advocacy group, adequate funding must be given to preserve and strengthen the states adult protection services agencies. These agencies investigate complaints about abuse, neglect and exploitation of adults who are unable to care for themselves or make decisions due to mental or physical impairment, illness or a crisis in their lives.

In 2014, AARP advocated for increased funding and to ward off efforts to cut funding for the agencies in five states: Arizona, Ohio, Oregon, Utah and Wyoming.

AARP also calls for better prevention and detection of financial exploitation of the nation’s elderly. While states legislatures look at different ways to addressing this issue, many create task forces, even enact new legislation to address this abuse. According to the Washington, D.C. based nonprofit, last year, seven states enacted bills to protect their older residents against abuse and exploitation: Florida, Kansas, Massachusetts, New Hampshire, Oregon, Virginia and here in Rhode Island.

In 2014, the General Assembly passed a law supported by AARP Rhode Island that extended the statute of limitations for cases of financial crime against the elderly from three years to 10 years.

Meanwhile, both Iowa and West Virginia adopted legislation last year to increase criminal and civil penalties against perpetrators of financial exploitation and to update the definition of financial exploitation.

Finally, uniform laws focused on adult guardianship and power of attorney not only support those who provide caregiving across state lines, but also create processes to help protect older people against abuse and exploitation. Six states, including Rhode Island, passed uniform adult guardianship or power of attorney laws in 2014, and this year additional states have already introduced legislation. Abuse at Any Age No matter a victim’s age, domestic violence and abuse is about the perpetrator trying to gain power and control over their victim. Domestic violence against older people can include physical, psychological, sexual and economic abuse, stalking, and tactics meant to isolate the victim from other people and supportive services October is Domestic Violence Awareness Month, and the statistics are alarming. According to the National Resource Center on Domestic Violence, 24 people per minute are victims of physical violence, rape or stalking by an intimate partner in the United States. One in four women, and one in seven men, will be a victim of domestic violence at some point in their lifetime. On average, three women are killed every day at the hands of a current or former intimate partner. Being in Rhode Island, with statistics like that, chances are you know someone who has been abused.

Help is available. In 2014, over 400 senior Rhode Islanders received domestic violence victim services from the Rhode Island Coalition Against Domestic Violence (RICADV)’s six member agencies. The RICADV’s member agencies provide a wide array of services for victims, including hotline support, emergency shelter, support groups, counseling services, and assistance with the legal system.

In addition, specialized shelter and other services are available for older victims of domestic violence through a partnership between the RICADV and the Saint Elizabeth Community. For more information about these organizations and services, call the statewide Helpline at 800-494-8100. If you hear or see someone being hurt, call 911 immediately.

Conference Puts the Spotlight on Financial Exploitation of the Elderly

Published in Pawtucket Times, October 31, 2014

In 2005, 80-year old Jane Jacques suffered her second stroke and was diagnosed with dementia. With no family living nearby, the widow’s physician determined that she could no longer live independently at home. The Department of Elderly Affairs asked the Alliance for Better Long Term Care to find Ms. Jacques a guardian. The probate court appointed Janet Mastronardi, to serve as guardian, making the East Greenwich attorney responsible for the older woman’s personal and financial well-being.

Over the next five years, Mastronardi embezzled and misappropriated approximately $130,000 from Jacques’ accounts, leaving her near penniless. An employee of lawyer noticed the financial irregularities while preparing an accounting of Jacques’ finances for the probate court and contacted the Rhode Island State Police, who conducted an investigation.

Earlier this year, Mastronardi pled guilty to her crimes of financial exploitation and although the Attorney General’s Office sought jail time, the Court ordered her to seven years, with 30 months to serve in home confinement and the remaining 54 months suspended with probation. In addition, the Court ordered her to pay full restitution to Jacques’ estate.

This case clearly illustrates the hidden problem of financial exploitation on older victims who oftentimes are unwilling to report this abuse because for fear of losing support of their family member or caregiver or future retaliation of these individuals. Simply put, this abuse occurs when deception, coercion, undue influence or misrepresentation is used, like the above example, to obtain unauthorized use of the older person’s property, money, pension book or other valuables.

But, the National Center on Elder Abuse, as well as other elder advocate organizations, has called financial exploitation of elders “the crime of the century.”

Aging advocates say there is currently reliable current data available on the precedence of financial exploitation. But, according to a 2010 survey by the Investor Protection Trust (IPT), more than seven million older Americans – one out of every five citizens over the age of 65 – already have been victimized by a financial scam. One year later, a MetLife study reported the huge impact of this problem, noting that the annual financial loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars, a 12 percent increase from the $2.6 billion estimated in 2008.

Combatting Financial Exploitation in Rhode Island

Just two days ago, the state’s Rhode Island Commission for the Safety and Care of the Elderly, brought together the Rhode Island Division of Elderly Affairs (DEA), local and state police, fire, social service agencies, and banks and other financial institutions to put the spotlight on financial exploitation

The half day event, hosted by the Rhode Island Citizens Commission for the Safety and Care of the Elderly, at the CVS Health Finance Center in Cumberland, provided over 100 attendees an in-depth look at how financial crimes cases against older persons are developed, investigated and prosecuted, as well as a discussion on best practices for financial institutions to identity financial exploitation.

Financial Exploitation a Change to Investigate

Keynote speaker, Attorney General Peter Kilmartin, stated “As striking as that figure is, government statistics estimate that financial exploitation is a highly underreported crime because many of the victims are unaware they are being duped or they are too frightened to even report this crime. Many elders rely on others they believe they can trust to handle their financial affairs, only to be robbed of their hard-earned money. In some cases, the perpetrator leaves the victim penniless. Financial exploitation of elders is one of the most challenging charges to investigate and prosecute,” said.

Recognizing the challenging factors in investigating and prosecuting elder abuse, including financial exploitation, the AG’s Office has created the Elder Abuse Unit, to handle those type of cases, says Kilmartin, noting that the specialized unit was created in recognition of the fact that the proportion of the state’s population over age 60 is dramatically increasing and will continue to do so. The Elder Abuse Unit is responsible for investigative management and prosecution of crimes involving elderly victims of abuse, neglect and financial exploitation

Since it was established in 2006, the Elder Abuse Unit has seen a steady increase in the number of cases reported and prosecuted, noted Kilmartin, adding that the Office in its first year prosecuted 65 cases of elder abuse, including physical and financial exploitation. Last year, 140 individuals were prosecuted, an increase of 115 percent in less than ten years, he says…

Kilmartin credited the dramatic increase in prosecutions to a recognition by society that financial exploitation is a crime and should be prosecuted. “Like other forms of elder abuse, financial exploitation is a complex problem and it is easy for people to have misconceptions about it. I have made it a priority to educate the public, law enforcement, healthcare professionals and the financial industry on the signs of financial exploitation and the numbers prove that increased awareness has directly led to increased reporting and prosecuting,” stated Kilmartin.

The Attorney General called on banking and financial industry to understand and know the signs of financial exploitation, as they are most likely to catch irregular transactions by perpetrators. “As many elders still regularly go to the bank, bank personnel are in a good position to notice suspicious activity and behavior,” he added.

John Clarkson, former Pawtucket Police Officer who now serves as Assistant Vice President of Security at Pawtucket Credit Union, led a presentation at the conference discussing how bank employees need to be aware of the various signs that an elder may be being exploited and ways to stop it.

“It’s unfortunate but our elders are a prime target for financial exploitation. It is important that we at Pawtucket Credit Union and at other financial institutions train our front line staff and management to identify when this is occurring, prevent it if possible, and most importantly report it immediately. When discovered we have worked closely with the Attorney General’s Office and law enforcement agencies throughout the state to have those responsible prosecuted,” Clarkson said.

Kilmartin stressed that it is equally important for family members and friends to prevent and report instances of financial exploitation. He urges, family, friends and neighbors to take note of what may be happening with older relatives or neighbors. “If anything seems suspicious, such as the person seems to be withdrawn, nervous, fearful or anxious, especially around certain people, when they have not seemed so in the past, it is important to report the matter to the appropriate authorities,” he recommends.

Abuse and self-neglect reports can be filed 24 hours a day, seven days a week, and on nights, weekends, and holidays, by calling 401-462-0555. Reports can be filed anonymously and are confidential. In filing a report of alleged abuse, you should give as much detail as possible, including the name of the elder, address, and contact information. If reporting to law enforcement, contact your police department, the Rhode Island State Police at 401-444-1000, or the Office of Attorney General at 401-274-4400.

Herb Weiss, LRI ’12, is a Pawtucket-based writer covering aging, health care and medical issues. He can be reached at hweissri@aol.com.